The Portland daily press., 1887-03-09

eelyed from the Law court yesterday in cases pend
The rescripts are all by Chief Justice Peters.
ANDRoscocGN COUNTY
John X. Horne VS.. G. z. Stevens and trustee
Rcscript. Equity recognizes the validity of an
may avail himself Of the equitable principle IN a
trustee process In which he appears as clama Mt
OF a part OF the fund. Affirming the case OF Bank
VS.. McLOon, 70 Maine, 49S. Exceptions SuS-
tanned.
Benjamin N. Royal vs.. Cyrus Chandler
Rescrtpt Evidence OF a grantors declarations
owner of the land granted by him, introduced by
party claiming adversely to the grantee cannot
grantor's declarations made on other occasions in
behalf of the same title, whether the last declara
tons were made before or after the conveyance to
his grantee. Exceptions sustained.
CUMBERLAND COUNTY.
The National Bank of Derby Line, VS.. Fred N.
Dow ct ais.
dation ndorser, applied to the plaintiffs for re-
newal. Plaintiffs refused to renew, writing the
would carry 1t 80 to go days "as it is if nothing
materially transpires to change the status of the
the maker remit at once Interest on the note to
Jan. 10. 1885. The maker RENTED three months
interest at per cent per annum, the legal rate
&C the rate Of per cent. which you ask. VI 1t
was the makers inference from previous transac-
lions that the plaintiffs asked per cent interest.
The plaintiffs retained the money, indorslng
three months interest on the note not naming the
due for on the note than the amoMn sen
and the law OF Vermont, which governs the trans
action, applies all excess above per cent inter-
est on the contract on which 1t Is received. Held
that the transaction was not contract to extend
the note. such as will discharge the defendant
from his liability as indorser.
Exceptions overruled.
State vs. John Howley
Rescrtpt-There is no point raised on these ex-
ceptlons which has not been determined adverse
FeSn0D6anf nraViOnQ mi.
IL be the objection that 1t was not alleged in that
part OF the complaint covering previous convic-
the respondent himself, the allegation being that
the intent was that said liquors should be sold
chap. 81, Sec 40, it is declared that respondent
seizure clause 4 it Be found tnat the liquor %a s
Kept for unlawful sale by the respondent "or by
any other person with his knowledge or CONSENT
If respondent keeps the goods for another to
sell unlawfully, the offence is made out
Exceptions ouerruled.
OXFORD COUNTY.
Albion 5. Burgess VS.. Denison Paper Manufac-
Rescrtpt-The defence of accord and satisfac--
ton Is not made out, by showing that the plain
I'm proMlsed TO accept for labor already per-
iormea Dy MN, a deed OF land from third person
ID satisfaction Of his claim, it appearing that the
deed was executed but not delivered; the plaintiff
having a been notined TO call at an office in the
- @ been actually received to constitute
EccepIons anu mollon OVerruled judgment
on the verdict.
YORK COUNTY.
Aaron B: Chapman ct ais. VS.. County Commits
sioners OF York County.
Rescrtpt.-One county commissioner may act
with his associates in part of the proceedings of
laying cut way, and another (his success0r5 act
afterwards in his place in completing the proceed
ings, where the acts of the former are separabe
from those of the latter; county commissioners
are court, which is not dissolved by one going
out and another coming in. In hearing under
petition for certiorar the sworn answer OF the
commissioners, as far as containing conclusions of
TACT Is regarded as having the same effect as If
their record was amended according TO the an
swer. II, however, the answer should be indef-
mite, or eduivOcal, the court may require an
amended answer, or the production Of an amended
record. The commissioners should file their re-
port al the next regular session after the hearing
ana may return IL to any day of such session. Pc
tltlOn denied with costs to resnnndents